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Search results for: 148

Rajasthan HC's Order for Bijendra Singh

Rajasthan HC Cancels Show Cause Notice and Proceedings U/S of 148A(b) of IT Act

The Rajasthan High Court set aside the order that was passed against the petitioner on the charge that the income levied to tax for the AY 2015-16 has escaped the assessment under the purview of section 147 of the Income Tax Act 1961. Bijendra Singh, the taxpayer, contended that the show cause notice was premised […]

Kerala HC's Order for Vazhakkulam Block Rural Co-Operative Society Ltd

Kerala HC: Re-assessment Order U/S 148 A(b) Without Personal Hearing is Not Valid

Under section 148A(b) of the Income Tax Act 1961 the Kerala High Court has stated that the order issued without affording the personal hearing is not valid and set aside the reassessment order. The order under Section 148 A(b) of the Income Tax Act, 1961, and notice under Section 148 of the Income Tax Act […]

Pune ITAT's Order Sudha Karbhari Nagre

ITAT: Assessee Fails to Include Income on Sale of Residential Property Either in Original ITR or Response to Notice U/S 148

The Pune division of the Income Tax Appellate Tribunal (ITAT) upheld the decision to include the taxpayer’s unreported income from the sale of residential property in both the original ITR (Income Tax Return) and the return filed in response to a notice under Section 148 of the Income Tax Act, 1961. In the relevant assessment […]

Punjab & Haryana HC's Order for Nilam Mantri

PB & HR High Court Deletes the Order U/S 148a(b) and INR 10K Penalty on the Tax Dept

A fine of Rs. 10K was imposed by the High Court of Punjab and Haryana on the income tax department invalidating the order under Section 148A(d) of the Income Tax Act and the notice has also been issued following Section 148 of the Income Tax Act. The panel of Justice G.S. Sandhawalia and Justice Lapita […]

MP HC's Order for Jhansi Baran Pathways Pvt. Ltd

MP HC Removes Reassessment Proceedings Under 148A(D) For Amalgamated Entity

The reassessment proceedings executed against the non-existent/amalgamated entity under Section 148 A of the Income Tax Act have been cancelled by the Madhya Pradesh High Court stating that despite being available the other remedy has no bearing on the same cases when the entity has stopped to exist under the amalgamation. There is no independent […]

Amritsar ITAT's Order for Sh. Satbir Singh Bhullar

ITAT: No Tax on Agricultural Income U/S 148 Deposited by Cash

According to a recent ruling by the Income Tax Appellate Tribunal (ITAT) Amritsar Bench, cash deposits of agricultural income are not taxable. The assessee’s case was reopened under Section 148 of the Income Tax Act on the basis of reasons recorded after receiving joint commissioner of income tax approval, to sum up, the situation briefly. […]

Delhi HC's Order for Ashok Kumar Garg

HC: Decision U/S 148 Without Assuming the Assessee’s Response is Invalid

The Delhi High Court (HC) has ruled that the ruling made in accordance with section 148 of the Indian Constitution without taking the assessee’s response into account is invalid. Under Section 148A(d) of the Income Tax Act, 1961 [“the Act”] Ashok Kumar Garg, the applicant has ordered on 30.03.2022 passed and the resulting notice of […]

Bombay High Court's Order for Shailesh Shah

HC: Tax Reassessment Notices Invalid U/S 148 to a Dead Person

Against the dead person, the Bombay High Court ruled that a reassessment notice is not valid until the legal representatives submit to the jurisdiction of the Assessing Officer without lifting any protest. The division bench of Justice Dhiraj Singh Thakur and Justice Valmiki Sa Menezes, the legal representatives do not give their right for the […]

Delhi High Court's Order for Suman Jeet Agarwal

HC: Tax Notice U/S 148 to Irrelevant Email ID Is Not Proper Service

A Division Bench of the Delhi High Court ruled a notice which has been filed under Section 148 of the Income Tax Act, 1961 would be provided to an unrelated email address that does not include the proper service of notice. The impugned notice would have been made and provided to dispatch via electronic mail […]

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